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Opinions Oct. 19, 2016

October 19, 2016

Indiana Court of Appeals
State of Indiana v. Charles Summers
09A02-1604-MI-933
Miscellaneous. Reverses Cass Superior Court’s order granting Charles Summers’ petition to remove his name from the sex-offender registry. Finds that because Summers was under a tolling requirement in Illinois, there is no punitive burden to maintaining that requirement across state lines and that there is no ex post facto violation. Remands for further proceedings.

Ryan Clark v. State of Indiana
49A04-1601-CR-184
Criminal. Affirms Ryan Clark’s convictions of two counts of rape as Class A felonies, three counts of criminal deviate conduct as Class A felonies, five counts of confinement as Class B felonies, one count of robbery as a Class C felony, one count of carjacking as a Class C felony, two counts of battery as Class C felonies and two counts of battery as Class A misdemeanors.

Kevin L. Snyder v. Anastasia Snyder
46A03-1510-DR-1792
Domestic relation. Dismisses Kevin L. Snyder’s appeal of the LaPorte Circuit Court’s order dissolving his marriage to Anastasia Snyder. Concludes sua sponte that the appeal is untimely.

T.A. v. State of Indiana
49A04-1602-JV-368
Juvenile. Reverses juvenile court’s denial of T.A.’s petitions for expungement in six juvenile proceedings, finding that a criminal charge filed after the expungement was requested did not bear on the requirement to grant the expungement. Remands with instructions to grant the petition.

Central Indiana Podiatry, P.C., Northwest Surgery Center, LLC, d/b/a Foot & Ankle Surgery Center, f/k/a Foot & Ankle Surgery Center, LLC and Anthony E. Miller, D.P.M. v. Barnes & Thornburg, LLP
49A02-1603-PL-498
Civil plenary. Affirms summary judgment in favor of Barnes & Thornburg in a lawsuit alleging fraud and acts of legal malpractice arising from a disagreement regarding legal fees. The parties entered into a release agreement regarding the litigation at issue that released B&T “from any and all claims, known or unknown” arising from the litigation. Judge Terry Crone concurs with an opinion questioning the wisdom of allowing attorneys to prospectively insulate themselves from liability for future acts of legal malpractice.

Edward A. Holt, Jr. v. State of Indiana
40A04-1601-CR-192
Criminal. Majority Judges Rudolph R. Pyle III and Robert Altice affirm four-year sentence for Edward Holt’s conviction of two counts of Class C felony child molesting. The sentence was not inappropriate in light of Holt’s offenses and his character, and the court will neither reduce Holt’s sentence as he requests nor increase his sentence as the state asks. Judge Cale Bradford dissents and would use the court’s authority to revise Holt’s sentence upward to eight years in prison citing his history of delinquent sex offenses involving children, the nature of the offenses and his character.

Wayne Mitchell v. State of Indiana (mem. dec.)
32A05-1605-CR-948
Criminal. Affirms Wayne Mitchell’s conviction for escape as a Level 5 felony. Finds that the state presented sufficient evidence to support Mitchell’s conviction.

Leah S. Fink v. State of Indiana (mem. dec.)
31A01-1510-CR-1704
Criminal. Affirms Leah Fink’s convictions for Class B felony dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture methamphetamine and the 10-year advisory sentence imposed for her dealing conviction.

E.F. v. Indiana Department of Child Services (mem. dec.)
79A02-1602-JT-444
Juvenile termination of parental rights. Affirms the involuntary termination of E.F.’s parental rights to her child, K.S.F. Finds that the Tippecanoe Superior Court’s findings of fact are supported by the evidence in the record and that the court’s conclusions supporting termination of E.F.’s parental rights are not clearly erroneous.

Gladys Hale and Oma Bolen v. Ricky Handshoe, Gary Handshoe, and Bertha Jimeniz (mem. dec.)
57A05-1510-PL-1655
Civil plenary. Affirms Noble Circuit Court’s finding that Gladys Hale and Oma Bolen had entered into a legally-binding agreement to distribute their respective portion of the dispute certificates of deposit to their two nephews, Ricky and Gary Handshoe, and their niece, Bertha Jimeniz, following the death of Hale and Bolen’s mother.

Natasha Peters v. State of Indiana (mem. dec.)
46A03-1602-CR-452
Criminal. Affirms LaPorte Superior Court’s 20-year enhancement of Natasha Peters’ sentence for being a habitual offender. Finds that Peters has waived her right to appellate review.

Beverly R. Newman v. Meijer, Inc. (mem. dec.)
49A02-1604-PL-843
Civil plenary. Affirms jury finding in favor of Meijer, Inc. after Beverly Newman sued Meijer, claiming she had been injured when she fell in one of its stores.

In the Matter of the Involuntary Term. of the Parent-Child Relationship of A.B. and A.B. (Minor Child) and their Father J.B., J.B. (Father) v. Ind. Dept. of Child Services (mem. dec.)
54A01-1605-JT-1145
Juvenile termination of parental rights. Affirms the termination of J.B.’s parental rights upon the petition of the Indiana Department of Child Services. Finds that there is clear and convincing evidence to support the Montgomery Circuit Court’s judgment terminating J.B.’s parental rights.

Dorris Latrese Dooley v. State of Indiana (mem. dec.)
20A03-1603-CR-561
Criminal. Affirms Elkhart Superior Court’s order that Doris Dooley a $250 fine, which had previously been suspended, as a result of violations of her community corrections commitment. Finds that the fine will be considered stayed until Dooley’s release from prison.

Jack Hiatt v. State of Indiana (mem. dec.)
27A04-1603-CR-477
Criminal. Affirms Jack Hiatt’s convictions of dealing in methamphetamine as a Level 4 felony, maintaining a common nuisance as a Level 6 felony and possession of paraphernalia as a Class C misdemeanor. Finds that the trial court did not abuse its discretion in admitting evidence obtained as a result of the warrantless search or the subsequent search warrant.
 

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